07 LC 36
0400
Senate
Bill 26
By:
Senators Harp of the 29th, Smith of the 52nd, Stoner of the 6th, Adelman of the
42nd, Bulloch of the 11th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to
the local authorization and regulation of sales of alcoholic beverages on
Sunday, so as to provide that in each county in which the sale of alcoholic
beverages is lawful in such county and in all municipalities within such county
in which the sale of alcoholic beverages is lawful, the governing authority of
the county or municipality, as appropriate, may authorize the retail sale of
malt beverages and wine at any time on Sundays if Sunday retail sales of malt
beverages and wine are approved by referendum; to provide procedures; to provide
for applicability; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 3-3-7 of the Official Code of Georgia Annotated, relating to the local
authorization and regulation of sales of alcoholic beverages on Sunday, is
amended by adding at the end thereof a new subsection to read as
follows:
"(p)(1)
Notwithstanding other laws, in each county in which the sale of alcoholic
beverages is lawful in such county and in all municipalities within such county
in which the sale of alcoholic beverages is lawful, the governing authority of
the county or municipality, as appropriate, may authorize the retail sale of
malt beverages and wine at any time on Sundays if Sunday retail sales of malt
beverages and wine are approved by referendum as provided in paragraph (2) of
this subsection.
(2)
Any governing authority desiring to permit and regulate Sunday retail sales of
malt beverages and wine pursuant to paragraph (1) of this subsection shall so
provide by proper resolution or ordinance. Not less than ten nor more than 60
days after the date of approval of such resolution or ordinance it shall be the
duty of the election superintendent of the county or municipality, whose
governing authority approved that resolution or ordinance, to issue the call for
an election for the purpose of submitting the question of Sunday retail sales of
malt beverages and wine to the electors of that county or municipality for
approval or rejection. The superintendent shall set the date of the election
for a day not less than 30 nor more than 60 days after the date of the issuance
of the call. The superintendent shall cause the date and purpose of the
election to be published in the official organ of the county once a week for two
weeks immediately preceding the date thereof. The ballot shall have written or
printed thereon the words:
|
'( ) YES
( ) NO
|
Shall
the governing authority of (name of county or municipality) be authorized to
permit and regulate retail sales of malt beverages and wine on
Sundays?'
|
All
persons desiring to vote for approval of Sunday retail sales of malt beverages
and wine shall vote 'Yes,' and those persons desiring to vote for rejection of
Sunday retail sales of malt beverages and wine shall vote 'No.' If more than
one-half of the votes cast on the question are for approval of Sunday retail
sales of malt beverages and wine, the resolution or ordinance approving such
Sunday retail sales of malt beverages and wine shall become effective upon the
date so specified in that resolution or ordinance. The expense of the election
shall be borne by the county or municipality in which the election is held. It
shall be the duty of the superintendent to hold and conduct the election. It
shall be his or her further duty to certify the result thereof to the Secretary
of State.
(3)
Whenever Sunday retail sales of malt beverages and wine are authorized by a
county or municipality pursuant to this subsection, Sunday retail sales of malt
beverages and wine may be made only by licensed retailers.
(4)
The provisions of this subsection are in addition to or cumulative of and not in
lieu of any other provisions of this title relative to the retail sale of
alcoholic beverages or the sale of alcoholic beverages for consumption on the
premises."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.